Tag Archives: Loss of consortium

Where a plaintiff brought a count pursuant to the Massachusetts Tort Claims Act (G.L.c. 258) seeking damages for the loss of consortium of her son, who sustained injury allegedly due to the negligence of a defendant school district, the complaint should not be dismissed despite the defendant’s assertion regarding the applicability of G.L.c. 231, §85X.

Where the plaintiff, who was injured while walking across a rail yard owned and managed by the defendant transportation company, has brought claims (1) alleging that the defendant was reckless and negligent by permitting dangerous train operations to continue while knowing that the plaintiff was in the rail yard and (2) seeking damages for loss of consortium on behalf of the plaintiff’s mother, the complaint must be dismissed, as the allegations are conclusory and there is no showing that the defendant was dependent on his mother either before or after the accident.

Where (1) a plaintiff’s husband died five days after a motor vehicle accident that occurred during the course of his employment, (2) an arbitrator later awarded the plaintiff $300,000 on a malpractice claim against the hospital where her husband died and (3) the insurance company that had paid benefits to the plaintiff was awarded partial reimbursement out of the $300,000 recovery, the insurance company’s appeal, seeking a greater amount, must be rejected under G.L.c. 152, §15.